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Uruzgan governor Mohammed Omar Shirzad has criticised the decision to drop the charges. [ABC]

Last Updated: 6 hours 13 minutes ago
The governor of Afghanistan's Uruzgan province has condemned a decision to drop manslaughter charges against two Australian soldiers accused of killing Afghan civilians.

The two Army reservists were accused of killing six civilians, including five children, in Uruzgan in February 2009.

Another two adults and two children were injured in the night raid involving members of the Special Operations Task Group.

The manslaughter charges were withdrawn on Friday when Judge Advocate Brigadier Ian Westwood announced the case would not proceed to a court martial.

But governor Mohammed Omar Shirzad has criticised the decision to drop the charges.

He says if there is enough evidence to prove the case, the Australian soldiers should be brought to justice.

Mr Shirzad says civilian casualties can have dire consequences for foreign forces in Afghanistan, including Australian troops.

The soldiers at the centre of the case have been identified only as Sergeant J and Lance Corporal D.

They had been charged with manslaughter and, in the alternative, two counts of dangerous conduct, with negligence as to consequence.

While the case will not go to court martial, the matter will be referred back to the Director of Military Prosecutions, Brigadier Lyn McDade, who will decide whether to bring further charges against the two men.

A third soldier is yet to face a general court martial.

An operational investigation into the incident was referred to Brigadier McDade, who made the unprecedented decision to charge the three soldiers.

The move provoked an outcry in defence circles, with Australia Defence Association spokesman Neil James saying the Director of Military

Prosecutions operated outside the Australian Defence Force chain of command.
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